CHAPTER 270

An Act to amend and reenact § 15.1-81 of the Code of Virginia, permitting
the construction of certain devices and structures to prevent flooding
and tnundation; and prohibiting certain proceedings relating thereto.

[H 408]
Approved March 31, 1966
Be it enacted by the General Assembly of Virginia:

}- That § 15.1-31 of the Code of Virginia be amended and reenacted as
ollows :
§ 15.1-81. (a) Any county, city or town may construct a dam, levee,
sea wall or other structure or device, or perform dredging operations
hereinafter referred to as “works”, the purpose of which is to prevent
the flooding or inundation of such county, city or town, or part thereof.
The design, construction, performance, maintenance and operation of any
of such works is hereby declared to be a proper governmental function for
a public purpose.

(b) The General Assembly hereby withdraws the right of any person,
firm, corporation, association or political subdivision to bring, and pro-
hibits the bringing of, any action at law or suit in equity against any
county, city or town because of, or arising out of, the design, maintenance,
performance, operation or existence of such works but nothing herein shall
prevent any such action or suit based upon a written contract, but this
provision shall not be construed to authorize the taking of private prop-
erty without just compensation therefor and provided further that in the
performance of the works and operations mentioned in subsection (a)
above, the lands and property of no other persons shall be flooded or
inundated as a result of such works.

2. An emergency exists and this act is in force from its passage.